how a bill becomes a law in utah

Office of Legislative Research and

General CounselDecember 2014

A legislator has an idea

Ideas come from:◦ Legislator – personal experience

◦ Constituent

◦ Special Interest or Lobbyist

◦ State or local government

The legislator files a request for legislation with Legislative Research and General Counsel (OLRGC)◦ Can be protected (legislator’s eyes only)

◦ Can be prioritized (legislator’s top three bills)

Bill or resolution

The bill file is assigned to an attorney at OLRGC◦ Based upon subject area of bill file

Attorney contacts legislator for more information ◦ The legislator may refer the attorney to other

stakeholders: constituents, special interests, others

Attorney drafts the legislation

First in, first out basis (JR4-2-102)

Interim Committee bills

Priority bills

Priority bill dates:◦ First Thursday in December

◦ First Thursday in January

◦ On or before first Thursday of general session

Once complete, attorney sends draft to the legislator for final review and approval

Once approved, OLRGC gives the bill a number, e.g., H.B. 45 or S.B. 112

Copies are sent to:◦ Sponsoring legislator

◦ Docket clerk in House/Senate

◦ Bill Room

◦ Office of the Legislative Fiscal Analyst for fiscal note

Also posted on the Legislature’s website

Bill number

Sponsors

The Utah Constitution requires that “every bill shall be read by title three separate times in each house…” (Art. VII Sec. 2)

Bill introduced in House/Senate by number and short title

Referred to the Rules Committee

Rules Committee decides which standing committee the bill should be sent to

Chair of standing committee puts bill on agenda for public meeting

Sponsor presents the bill to the committee

Chair usually allows the public a chance to speak in favor or against the bill

Standing committee may take action on bill

Amend: make changes to the bill

Substitute: replace bill with an entirely new bill (must be germane to the subject of the bill)

Hold: take no action, can take action at a subsequent meeting

Table: If not lifted at next meeting, bill returned for filing

Pass the bill: pass the bill out with a favorable recommendation, or no recommendation to the House/Senate

House◦ Committee report is read and adopted by the body

◦ No debate or amendments are allowed

◦ Placed on calendar for third reading

Senate◦ Bill is presented to body and debated

◦ Can be substituted/amended

◦ Must pass by a majority of senators present to move to the third reading calendar

Bill read by number/short title

Sponsor explains bill, answers questions from other legislators

Other legislators may make amendments, substitute the bill, or take other action

Created through OLRGC, unless made verbally◦ Less than 15 words on House floor

◦ Less than 10 words on Senate floor

Must be germane to original bill

Protected until legislator releases them

Bill number

Bill must pass by a constitutional majority (Utah Constitution)◦ 38 aye votes in the House

◦ 15 aye votes in the Senate

Resolutions amending Utah Constitution require 2/3 majority to pass:◦ 50 votes in House

◦ 20 votes in Senate

Once passed, sent to the opposite house to go through the process all over again◦ First Reading

◦ Standing committee hearing

◦ Second Reading

◦ Third Reading (final passage)

In order for bill to be heard by the opposite house, legislator must find opposite house sponsor◦ Original house sponsor must designate a floor

sponsor before bill is transferred to opposite house

If either house amends a bill, the bill is sent back to originating house for concurrence of the amendment.

If the originating house refuses to concur, the bill is sent back to the house that amended the bill and that house is asked to rescind from its amendment.

If the house that amended the bill refuses to rescind its amendment the bill goes to conference.

A conference committee is created to resolve the conflicts between the two houses on a bill.

Both the president and speaker appoint three members to a conference committee.

The committee’s task is to find a solution to which both houses can agree.

That compromise is presented to each house for approval. If approved, the bill is voted on again.

Once bill passes both houses, it is signed by President and Speaker

Returned to OLRGC for enrolling process◦ Double checks all amendments

◦ Checks for mistakes

After enrolling, sent back to the House/Senate

House/Senate deliver enrolled bills to the governor for action.

Governor has 20 days from adjournment to:◦ Sign the bill (becomes law)

◦ Not sign the bill (becomes law)

◦ Veto the bill (does not become law unless overridden by legislature)

Legislature can override the governor’s veto of any bill or line item

2/3 of the House/Senate must be in favor to convene veto override session

Veto override session must begin within 60 days of adjournment

2/3 vote required in both houses for override

New laws become effective 60 days after adjournment, unless specifically noted in the bill.

Legislature’s website (about May 15)

The Laws of Utah (late summer)

The Utah Code (fall)